§386-35  Benefit adjustment.  (a) 
Effective January 1, 1992, and January 1 of every tenth year
thereafter, any employee whose date of work injury is before January 1,
1992, and January 1 of every tenth year thereafter, and who is at any time
after the work injury determined to be permanently and totally disabled shall
be paid, without application, a supplemental allowance by the responsible
employer calculated in accordance with the following provisions:



(1)  In any case where the employee is entitled to receive
the maximum weekly income benefit applicable on the date of the work injury,
the supplemental allowance shall be an amount which when added to the benefit
will equal the maximum weekly benefit as of January 1, 1992, and
January 1 of every tenth year thereafter; or



(2)  In any case where the employee is entitled to
receive less than the maximum weekly income benefit applicable on the date of
the work injury, the supplemental allowance shall be an amount equal to the
maximum weekly income benefit as of January 1, 1992, and January 1 of
every tenth year thereafter, multiplied by the ratio of the employee's weekly
income benefit to the maximum weekly income benefit applicable on the date of
the work injury, minus the employee's current weekly income benefit.



(b)  The employer shall be entitled to
reimbursement from the special compensation fund for the additional amount paid
under subsection (a).  Requests for reimbursements shall be filed annually with
the department by January 31 of the subsequent calendar year.  The director
shall disapprove requests that are not filed properly or not filed in a timely
manner, except for good cause shown.



(c)  Effective January 1, 1992, and
January 1 of every tenth year thereafter, any employee whose date of work
injury is before January 1, 1992, and January 1 of every tenth year
thereafter, and who is at any time after the work injury determined to be
permanently and totally disabled, and who is further being paid weekly income
benefits for permanent total disability by the special compensation fund shall
be paid, without application, a supplemental allowance in accordance with the
following provisions:



(1)  In any case where the employee is entitled to
receive the maximum weekly income benefit applicable on the date of the work
injury, the supplemental allowance shall be an amount which when added to the
benefit will equal the maximum weekly benefit as of January 1, 1992, and
January 1 of every tenth year thereafter;



(2)  In any case where the employee is entitled to receive
less than the maximum weekly income benefit applicable on the date of the work
injury, the supplemental allowance shall be an amount equal to the maximum
weekly income benefit as of January 1, 1992, and January 1 of every
tenth year thereafter, multiplied by the ratio of the employee's current weekly
income benefit to the maximum weekly income benefit applicable on the date of
the work injury, minus the employee's current weekly income benefit;



(3)  In any case where the employee is entitled to
receive weekly benefits at a fifty per cent rate, the supplemental allowance
shall be an amount equal to the maximum weekly income benefit as of
January 1, 1992, and January 1 of every tenth year thereafter,
multiplied by twice the ratio of the employee's current weekly income benefit
to the maximum weekly income benefit applicable on the date of the work injury
minus the employee's current weekly income benefit; or



(4)  In any case where the employee is no longer
receiving weekly benefits, the supplemental allowance shall be an amount equal
to the maximum weekly income benefit as of January 1, 1992, and
January 1 of every tenth year thereafter, multiplied by the ratio of the
employee's last weekly income benefit to the maximum weekly income benefit applicable
on the date of the work injury. [L 1980, c 298, §1; am L 1981, c 114, §1; gen
ch 1985; am L 1991, c 71, §1]